Microsoft Urges Dismissal of Session Replay Software Privacy Suit
Plaintiff Jane Doe’s May complaint challenging Kaiser Permanente's use of Microsoft session replay software should be dismissed for failure to plead a concrete injury sufficient to confer Article III standing, said Microsoft's Tuesday notice (docket 2:23-cv-00718) of supplemental authority in…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
U.S. District Court for Western Washington in Seattle. Plaintiff Jane Doe didn’t consent to the collection of her personal information and alleged Microsoft and data analytics firm Qualtrics violated patients’ healthcare privacy rights on the Kaiser Permanente website by intercepting and collecting their personal data (see 2305160051). Microsoft cited a recent decision in Adams v. PSP Group, in which the U.S. District Court for Eastern Missouri ruled the plaintiff didn’t have standing to bring her claims in federal court and denied her motion to transfer. There, plaintiff Jill Adams alleged PSP unlawfully intercepted the electronic communications of visitors to its website, and PSP “directed third parties” to embed on its website Microsoft’s session replay code, which is then deployed on visitors’ internet browsers. The court granted Microsoft’s motion to dismiss for lack of subject matter jurisdiction. Federal courts are only authorized to hear cases or controversies that present actual imminent injury, which is caused by the named defendants, and can be redressed by a favorable decision, said the ruling. Adams bore the burden of demonstrating she suffered an injury in fact, that it was “fairly traceable” to defendant’s conduct and that it's “likely to be redressed by a favorable judicial decision," said the court's order.